Please note that the following web page and those hereto linked, e-mails, articles or other forms of communication should NOT be taken as legal advice and are provided for general reference. Reliance upon any information for a specific situation is taken at your own risk and does not create an attorney-client relationship. Isais & Pfeiffer, LLP, strongly recommends seeking advice from an attorney experienced in immigration law.

Acquiring Conditional Residency:

In general, a person who marries a U.S. Citizen obtains conditional resident status unless the marriage is more than two years old at the time immigrant status is granted. In addition, immigrant investors are granted Conditional Residence. (For more information on investor visas please follow the Visas link.) Conditional Resident Status confers upon the immigrant all the benefits that a Lawful Permanent Resident enjoys, however the immigrant bears the burden of removing the condition.

To remove the condition, an application must be filed with the USCIS within a 90 day window. This window begins 90 days before the 2nd anniversary of obtaining conditional residence.

Is is extremely important to file within the allocated time frame, as failure to comply with this requirement may result in the initiation of removal proceedings as well as falling "out of status", which in itself may pose serious consequences.

Removal of the Condition:

Generally the conditional resident and their spouse file together to remove the condition. However, at times this may not be possible due to the separation of the couple due to divorce, death or abuse. Should you fall into the one of these categories we highly recommend that you consult an attorney for assistance with the process of complying with USCIS requirements.

Isais & Pfeiffer, LLPAn Immigration and Naturalization Law Firm

Conditional Residence: Removing the condition.

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